Tribunal's terms of reference

THE following are the terms of reference of the tribunal approved by the Dail:-

That Dail Eireann,

Bearing in mind serious public concern about alleged payments made and benefits conferred by, or on behalf of, Dunnes Holding Company, other associated companies or entities and/or Mr Ben Dunne and/or companies or trusts controlled directly or indirectly by members of the Dunne Family between 1 January, 1986 and 31 December, 1996, to persons who were members of the Houses of the Oireachtas during that period or relatives or connected persons as defined in the Ethics in Public Office Act, 1995, to political parties, or to other public representatives or other public servants.

And noting the Interim Report of the Independent Person appointed pursuant to an Agreement dated the 9th day of December, 1996, made between the Government and Dunnes Holding Company,

(1) Resolves that it is expedient that a Tribunal be established, under the Tribunals of Inquiry (Evidence) Act, 1921, as adapted by or under subsequent enactments, and the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to enquire urgently into, and report to the Clerk of the Dail and make such findings and recommendations as it sees fit, in relation to the following definite matters of urgent public importance:

(a) all payments in cash or in kind directly or indirectly whether authorised or unauthorised within or without the State which were made to or received by

(i) persons who were between 1 January, 1986 and 31 December, 1996, members of the Houses of the Oireachtas,

(ii) their relatives or connected persons as defined in the Ethics in Public Office Act, 1995,

(iii) political parties, from Dunnes Holding company and/or any associated enterprises as defined in the Schedule hereto and/or Mr Ben Dunne or any person on his behalf or any companies, trusts or other entities controlled directly or indirectly by Mr Ben Dunne between 1 January, 1986 and 31 December, 1996, and the considerations, motives and circumstances therefore;

(b) Such further matters's Dail Eireann and Seanad Eireann might by further Resolution consider appropriate to refer to the Tribunal because they require further investigation, relating to other payments made to "Relevant Persons or Entities" within the meaning of the Agreement dated the 9th day of December, 1996, made between the Government and Dunnes Holding company, following receipt by the Ceann Comhairle and the Cathaoirleach of Seanad Eireann of any further report from the Independent Person appointed pursuant to the said Agreement whereupon such report shall be laid before both Houses of the Oireachtas immediately on its receipt.

And that the Tribunal be asked to report, on an interim basis, not later than the tenth day of any oral hearings to the Clerk of the Dail on the following matters:

the number of parties then represented before the Tribunal;

the progress which has been made in the hearings and the work of the Tribunal;

the likely duration (so far as that may be capable of being estimated at that point in time) of the Tribunal proceedings; any other matters which the Tribunal believes should be drawn to the attention of the Clerk of the Dail at that stage (including any matter relating to the terms of reference);

And that the persons selected to conduct the Inquiry should be informed that it is the desire of the House that the Inquiry be completed in as economical a manner as possible, and at the earliest date consistent with a fair examination of the matters referred to it;

And that the Clerk of the Dail shall on the receipt of any Report from the Tribunal arrange to have it laid before both Houses of the Oireachtas immediately on its receipt.

The Taoiseach

SCHEDULE

Associated enterprises shall include:

1) Ben Lettery Limited, Green Arch Corporation, Dunnes Stores Limited (which with Dunnes Holding Company shall be hereafter referred to as "the Dunne Companies")

2) Any company inside or outside the State of which any of the Dunne Companies were during the relevant period a subsidiary within the meaning of section 155 of the Companies Act, 1963.

3) Any subsidiary of any of the Dunne companies within the meaning of section 155 of the Companies Act, 1963, either inside or outside the State.

4) Any director or shadow director (as defined by section 27 of the Companies Act, 1990, of any of the companies referred to at 2) or 3) above.

5) Any company or other body or entity inside or outside the State which directly or indirectly within the relevant period was under the control of any of the Dunne companies or any of the Directors thereof (whether alone or with any other person) or in respect of which the Directors of any of the Dunne companies were either directors or shadow directors within the meaning of section 27 of the Companies Act, 1990, or any company or other body or entity inside or outside the State whose directors, officers or employees were accustomed to act and did act on the direction or control of any of the Dunne Companies or the Directors or any of them within the relevant period.

6) Any company, other body or other entity inside or outside the State over whose operations or financial policy any of the Dunne Companies, their directors or any of them exercised a significant influence within the relevant period. 7) Any trust company inside or outside the State which acted during the relevant period under the direction or control of any of the Dunne companies or any of their directors or any trust inside or outside the State in respect of which any of the Dunne Companies or any of the Directors or any relatives or connected persons of such Directors - either alone or with any other person were beneficiaries within the relevant period. 8) Any other company, body, trust or other entity inside or outside the State controlled by any of the following persons, Mr Frank Dunne, Mrs Margaret Heffernan or Mr Ben Dunne whether alone or with any other person or in respect of which any of the said persons, their or any of their relatives or any persons connected to them or any of them were beneficial owners or beneficiaries.